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17. 3.

98 EN Official Journal of the European Communities L 79/9

COUNCIL REGULATION (EC) No 596/98


of 9 March 1998
on certain procedures for applying the Europe Agreement establishing an asso-
ciation between the European Communities and their Member States, of the one
part, and the Republic of Latvia, of the other part

THE COUNCIL OF THE EUROPEAN UNION, Whereas certain provisions should be introduced for the
application of tariff quotas and tariff ceilings,
Having regard to the Treaty establishing the European
Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission, HAS ADOPTED THIS REGULATION:

Whereas a Europe Agreement establishing an association


between the European Communities and their Member
States, of the one part, and the Republic of Latvia, of the TITLE I
other part, was signed in Brussels on 12 June 1995;
Tariff quotas and tariff ceilings
Whereas, pending the entry into force of the Europe
Agreement, hereinafter referred to as ‘the Agreement', its Article 1
provisions on trade and trade-related matters have been
applied since 1 January 1997 by an Agreement on free-
trade ansd trade-related matters between the European The rules for the application of Articles 19 and 20 of the
Community, the European Coal and Steel Community Agreement shall be adopted by the Commission
and the European Atomic Energy Community, of the one according to the procedure provided for in Article 23 of
part, and the Republic of Latvia, of the other part, signed Regulation (EEC) No 1766/92 (4), or, according to the
in Brussels on 19 December 1994 (1); case, in the relevant provisions of the other Regulations
on the common organisation of the markets, or of Regu-
lation (EC) No 3448/93 (5) or by the Commission, assisted
Whereas it is necessary to lay down the procedures for by the Customs Code Committee, according to the
applying certain provisions of the Agreement; procedure provided for in Article 2(2) of this Regulation.

Whereas, with regard to trade protection measures, it is


appropriate, where the provisions of the Agreement Article 2
render it necessary, to lay down specific provisions
concerning the general rules provided for in particular in
Council Regulation (EC) No 3285/94 of 22 December 1. Provisions for the application of tariff quotas and
1994 on common rules for imports (2) and in Council tariff ceilings provided for in Annexes V and XII of the
Regulation (EC) No 384/96 of 22 December 1995 on Agreement, including amendments and technical adapta-
protection against dumped imports from countries not tions made necessary by amendments to the Combined
members of the European Community (3); Nomenclature and Taric codes, or arising from the
conclusion by the Council of agreements, protocols or
exchanges of letters between the Community and Latvia,
Whereas account should be traken of the undertakings set shall be adopted by the Commission, assisted by the
out in the Agreement before deciding whether a safeguard Customs Code Committee set up by Article 247 of Regu-
measure should be introduced; lation (EEC) No 2913/92 (6), according to the procedure
set out in paragraph 2 of this Article.
Whereas the procedures concerning safeguard clauses
provided for in the Treaty establishing the European 2. The representative of the Commission shall submit
Community are also applicable; to the Committee a draft of the measures to be taken. The
Committee shall deliver its opinion on the draft within a
time limit which the chair may lay down according to the
Whereas specific provisions have been adopted for safe- urgency of the matter. The opinion shall be delivered by
guard measures concerning the textile products covered the majority laid down in Article 148(2) of the Treaty in
by Protocol 1 of the Agreement;
(4) OJ L 181, 1. 7. 1992, p. 21. Regulation as last amended by
(1) OJ L 374, 31. 12. 1994, p. 1. Regulation (EC) No 923/96 (OJ L 126, 24. 5. 1996, p. 37).
(2) OJ L 349, 31. 12. 1994, p. 53. (5) OJ L 318, 20. 12. 1993, p. 18.
(3) OJ L 56, 6. 3. 1996, p. 1. (6) OJ L 302, 19. 10. 1992, p. 1.
L 79/10 EN Official Journal of the European Communities 17. 3. 98

the case of decisions which the Council is required to Council, which shall act in accordance with the procedure
adopt on a proposal from the Commission. The votes of laid down in Article 113 of the Treaty, except in the cases
the representatives of the Member States within the of aid to which Regulation (EC) No 3284/94 (1) applies,
Committee shall be weighted in the manner set out in when measures shall be taken according to the procedures
that Article. The chairman shall not vote. laid down in that Regulation. Measures shall be taken
only under conditions set out in Article 64(6) of the
Agreement.
The Commission shall adopt the measures, which apply
immediately. However, if these measures are not in 2. In the case of a practice that may cause measures to
accordance with the opinion of the Committee, they shall be applied to the Community by Latvia on the basis of
be communicated by the Commission to the Council Article 64 of the Agreement, the Commission, after
forthwith. In that event: examining the case, shall decide whether the practice is
compatible with the principles set out in the Agreement.
 the Commission may defer application of the meas- Where necessary, it shall take appropriate decisions on
ures which it has decided for a period of not more the basis of criteria which result from the application of
than three months from the date of such communica- Articles 85, 86 and 92 of the Treaty.
tion,
 the Council, acting by qualified majority, may take a Article 5
different decision within the period referred to in the
In the case of a practice which is liable to warrant the
first indent.
application, by the Community, of the measures provided
for in Article 29 of the Agreement, the introduction of
3. The Committee may examine any question anti-dumping measures shall be decided upon in accord-
concerning the application of tariff quotas and tariff ceil- ance with the provisions laid down in Regulation (EC) No
ings, which is raised by its chair either at the latter’s 384/96 (2) and the procedure provided for in Article 32(2)
initiative or at the request of a Member State. and (3)(b) or (d) of the Agreement.

4. As soon as the tariff ceilings are reached, the Article 6


Commission may adopt a regulation re-establishing, until 1. Where a Member State requests the Commission to
the end of the calendar year, the customs duties applic- apply safeguard measures as provided for in Articles 30
able to third countries. and 31 of the Agreement, it shall provide the Commis-
sion, in support of its request, with the information
needed to justify it. If the Commission decides not to
apply safeguard measures, it shall inform the Council and
TITLE II
the Member States accordingly within five working days
of receipt of the request from the Member State.
Protective measures
Any Member State may refer this decision of the
Commission to the Council within 10 working days of its
Article 3 notification.
If the Council, acting by qualified majority, indicates its
The Council may, in accordance with the procedure intention to adopt a different decision, the Commission
provided for in Article 113 of the Treaty, decide to refer shall inform Latvia thereof forthwith and shall notify it of
to the Association Council established by the Agreement the opening of the consultations within the Association
with regard to the measures provided for in Articles 28 Council as provided for in Article 33(2) and (3) of the
and 123(2) of the Agreement. Where necessary, the Agreement.
Council shall adopt these measures in accordance with
the same procedure. The Council, acting by a qualified majority, may take a
different decision within 20 working days of the conclu-
sion of the consultations with Latvia within the Associa-
The Commission may, on its own initiative or at the
tion Council.
request of a Member State, present the necessary
proposals to this end. 2. The Commission shall be assisted by the Committee
established by Regulation (EC) No 3491/93 (3) (hereinafter
referred to as ‘the Committee'), composed of represent-
atives of the Member States and chaired by a represen-
Article 4 tative of the Commission.
The Committee shall meet when convened by its
1. In the case of a practice that may justify application chairman. The latter shall communicate any appropriate
by the Community of the measures provided for in information to the Member States at the earliest oppor-
Article 64 of the Agreement, the Commission, after tunity.
examining the case, on its own initiative or at the request
of a Member State, shall decide whether such practice is (1) OJ L 349, 31. 12. 1994, p. 22.
compatible with the Agreement. Where necessary, it shall (2) OJ L 56, 6. 3. 1996, p. 1.
propose the adoption of safeguard measures to the (3) OJ L 319, 21. 12. 1993, p. 1.
17. 3. 98 EN Official Journal of the European Communities L 79/11

3. Where the Commission, at the request of a Member the cases referred to in Articles 30 and 31 of the Agree-
State or on its own initiative, decided that the safeguard ment.
measures provided for in Articles 30 and 31 of the Agree-
ment should be applied:
If the Commission receives a request from a Member
 it shall inform the Member States forthwith if acting State, it shall take a decision thereon within five working
on its own initiative or, if it is responding to a days of receipt of the request.
Member State’s request, within five working days of
the date of receipt of that request, 2. The Commission shall notify the Council and the
 it shall consult the Committee, Member States of its decision.
 at the same time it shall inform Latvia and notify the
Association Council of the opening of consultations as 3. Any Member State may refer the Commission’s
referred to in Article 28(2) and (3) of the Agreement, decision to the Council in accordance with the procedure
provided for in Article 6(6).
 at the same time it shall provide the Association
Council with all the information necessary for these
consultations. The procedure set out in Article 6(7) and (8) shall be
applicable.
4. In any event, the consultations within the Associa-
tion Council shall be deemed to be completed 30 days If the Commission has not taken a decision within the
after the notification referred to in paragraphs 1 and 3. time limit mentioned in the second subparagraph of para-
graph 1, any Member State which has referred the matter
to the Commission may refer it to the Council in accord-
At the end of the consultations or on expiry of the period ance with the procedures laid down in the first and
of 30 days, and if no other arrangements proves possible, second subparagraphs of this paragraph.
the Commission after consulting the Committee, may
take appropriate measures to implement Articles 30 and
31 of the Agreement.

Article 8
5. The decision referred to in paragraph 4 shall be
notified forthwith to the Council, the Member States and
Latvia; it shall also be notified to the Association Council. The procedures laid down in Articles 6 and 7 shall not
apply to products covered by Protocol 1 of the Agree-
ment.
The decision shall be applicable immediately.

6. Any Member State may refer the Commission


decision referred to in paragraph 4 to the Council within Article 9
10 working days of receiving notification of the decision.
By way of derogation from Articles 6 and 7, if the circum-
7. If the Commission has not taken a decision within stances demand that measures are taken concerning agri-
the meaning of the second subparagraph of paragraph 4 cultural products on the basis of Articles 21 and 31 of the
within 10 working days of the end of the consultations Agreement or on the basis of provisions in the Annexes
with the Association Council or, as the case may be, the covering these products, such measures shall be taken
end of the periods of 30 days, any Member State which according to procedures provided for by the rules estab-
has referred the matter to the Commission in accordance lishing a common organisation of the agricultural
with paragraph 3 may refer it to the Council. markets, or in specific provisions adopted pursuant to
Article 235 of the Treaty and applicable to products
resulting from the processing of agricultural products,
8. In the cases referred to in paragraphs 6 and 7 the provided that the conditions established pursuant to
Council, acting by a qualified majority, may take a Article 21 or Article 33(2) and (3) of the Agreement are
different decision within two months. met.

Article 7 Article 10

1. Where exceptional circumstances arise within the Notification to the Association Council as required by the
meaning of Articles 33(3)(d) of the Agreement, the Agreement shall be the responsibility of the Commission,
Commission may take immediate safeguard measures in acting on behalf of the Community.
L 79/12 EN Official Journal of the European Communities 17. 3. 98

Article 11 Article 12
This Regulation shall enter into force on the day
This Regulation does not preclude the application of safe- following that of its publication in the Official Journal of
guard measures provided for in the Treaty establishing the the European Communities.
European Community, in particular in Articles 109h and
109i, according to the procedures laid down therein. It shall apply from 1 February 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 9 March 1998.

For the Council


The President
G. BROWN